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Man Wrongly Arrested for Open Carry...

Discussion in 'Carry Issues' started by RockyMtnJack, Aug 12, 2012.

  1. I don't want to stir up the pot on this issue but I thought some of you guys might find this article interesting. This man was detained and arrested for open carrying a pistol in a local park despite his protests that it was perfectly legal. Apparently the cops were working off an outdated 'cheat sheet' for city laws. Outdated is putting it mildly. Open carry has been legal in city parks here for 10 years! What disturbs me the most about this incident is that none of the 3 cops on the scene, including a sergeant, were aware of the current status of the law. This doesn't give me a warm and fuzzy. What say you?
  2. Bruce M

    Bruce M

    Jan 3, 2010
    S FL
    It certainly suggests that the department should both update whatever devices its officers use for field research of laws and update how those devices are reviewed. It also perhaps suggests that openly carrying handguns might not be especially popular in most areas within the city.

  3. bear62


    Feb 5, 2005
    Rocky Mountains
    I say that is pathetic.......
  4. TBO

    TBO Why so serious? CLM

    Heck of a first post.
    Welcome to Glock Talk.
  5. sheriff733

    sheriff733 NRA LIFE MEMBER

    Nov 4, 2007

    Outdoor Hub mobile, the outdoor information engine

  6. That's why we need to privatize the police to the lowest bidder.

    Saves me money and things like this could never happen in private industry.
    Last edited: Aug 12, 2012
  7. diamondd2


    Apr 23, 2010
    Out of 2 officers and one seargent someone should have been up to date on the local laws. Especially if the action has been legal for 10yrs.
  8. Drain You

    Drain You NRA member

    Apr 25, 2012
    You can't expect everyone to know all of the laws all of the time, even police officers, even their Sgts. But gun laws are different, and they should have known better.
  9. jr05


    Jun 9, 2007
    Things like this could never happen in the private industry? I assume you are kidding...because you have to know this statement is ridiculous.
  10. Lee-online

    Lee-online Mul-ti-pass

    Mar 13, 2006
    Susquehanna Valley, PA
    "Ignorance of the law is no excuse"
  11. IhRedrider

    IhRedrider Not a walker

    Mar 28, 2011

    This says that our current set of laws are to cumbersome for the average citizen if those who are paid to enforce the laws cannot keep up with our out of control legislator. OR the people we pay to enforce the law are incompetent due to ignorance.

    OR maybe both?
  12. diamondd2


    Apr 23, 2010
    That's a one way street only.
  13. RussP

    RussP Moderator

    Jan 23, 2003
    Central Virginia
  14. Is there any consequences for the LEO's for doing such a thing or is it just one of those 'my bad, man' things?
  15. Spiffums

    Spiffums I.C.P.

    Sep 30, 2006
    And with a join date of 2008.
  16. boomhower


    Feb 14, 2010
    North Carolina
    He could push a civil rights suite. It's one thing for charges to be dropped due to lack if evidence for a conviction but another for being arrested when in fact the action was not illegal. Essentially a civil rights violation.

    Sent from my iPhone 4S using Tapatalk
  17. What would happen to a civilian who restrained someone for doing something he thought was illegal?
  18. RussP

    RussP Moderator

    Jan 23, 2003
    Central Virginia
    Everyone, please, this is Carry Issues. Let's discuss the facts of this incident that is directly related to carry issues.

    If you want to discuss other aspects, start a new thread in another forum.

  19. Stevekozak

    Stevekozak Returning video

    Nov 9, 2008
    This is an interesting case. I read the article and viewed the Youtube video (link: [ame=""]Arrested for open display of a gun at acacia park in Colorado Springs CO - YouTube[/ame] ). Unfortunately you cannot see how the encounter began (that might be somewhat important) but it does appear that the officers were definately in the wrong here, wheither by ignorance of current law or by design. The OC'er in the video is loud, but he is also right about the issue, in my opinion. His "partner" was really not helping him out much, especially when he told him to go ahead and take his gun off after the cops had warned him not too (it also amused me when he asked him if the army could do anything). The officer at the end of the video, who took his gun, was rather abrasive and may regret his choice of words in telling the OCer that he is "about to get the s@#t kicked out of you" and that he "is going to get jacked up". The video is about 13 minutes long, and it suprised me, that for most of that 13 minutes the OC'er maintained possession of his firearm and was pretty free to move his hands about, given the arrest and detention at the end. One further note, is that the OC'er did not mention the possibility of having be stopped for reasons of sexual preference until 8:14 into the video. That could lead one to conclude that the OC'er did indeed believe that the issue was one of gun rights, and not of other civil liberty issues. It really would be good to have seen the beginning of the encounter to get a better grasp on things. Should be interesting case to follow.
  20. Glock_9mm


    Jul 10, 2012
    I do not know how the day to day operations work inside a police department, but I am surprised that local CO departments did not address open carry policies after what happened with the James Mapes case in Thornton. Now this is two instances in the last few weeks in Colorado where the OC'er was detained and later the charges were dropped. Granted I only heard of this because I am on this forum, but I would think local elected officials notice these types of things and would not want their department to look bad.
    Last edited: Aug 13, 2012